John Silva v. Showcase Cinemas Concessions of Dedham, Inc., National Amusements, Inc.

BREYER, Circuit Judge.

The defendant in this diversity case, a movie theater, appeals a jury award of damages to the plaintiffs for the wrongful death of their son, John Silva, Jr. Essentially, the jury found that the theater had breached its duty to Silva, “a paying patron[,] to use reasonable care to prevent injury to him by third persons whether their acts were accidental, negligent, or intentional.” Rawson v. Massachusetts Operating Co., 328 Mass. 558, 558, 105 N.E.2d 220, 220 (1952); Restatement (Second) of Torts § 344 & comment f (1965) (proprietor may have duty to police premises and…